53.01 Appointment and Compensation. The court in which any action is pending may appoint a Special Master therein. The compensation to be allowed to a master shall be fixed by the court, and shall be charged upon such of the parties or paid out of any fund or subject matter of the action, which is in the custody and control of the court as the court may direct. The master shall not retain the report as security for compensation; but when the party ordered to pay the compensation allowed by the court does not pay it after notice and within the time prescribed by the court, the master is entitled to a writ of execution against the delinquent party.
Rule 53.Masters
Last verified July 2, 2026
In one sentenceRule 53 lets a court appoint a special master in any pending action and defines the master’s powers, meeting and hearing procedures, and reporting duties, while leaving the master’s compensation to the court and applying the same procedures to references handled by a chancery court’s clerk and master.
Full Text of Rule 53
53.02 Powers. The order of reference to the master may specify or limit the master's powers and may direct the master to report only upon particular issues or to do or perform particular acts or to receive and report evidence only, and may fix the time and place for beginning and closing the hearings and for the filing of the master's report. Subject to the specifications and limitations stated in the order, the master has and shall exercise the power to regulate all proceedings in every hearing before him or her and to do all acts and take all measures necessary or proper for the efficient performance of the duties under the order. The master may require the production before him or her of evidence upon all matters embraced in the reference, including the production of all books, papers, vouchers, documents, and writings applicable thereto. The master may rule upon the admissibility of evidence unless otherwise directed by the order of reference and has the authority to put witnesses on oath and may personally examine them and call the parties to the action and examine them upon oath. When a party so requests, the master shall make a record of the evidence offered and excluded in the same manner and subject to the same limitations as provided in Tennessee Rule of Evidence 103.
53.03 Proceedings.
1 Meetings. When a reference is made, the clerk shall forthwith furnish the master with a copy of the order of reference. Upon receipt thereof unless the order of reference otherwise provides, the master shall forthwith set a time and place for the first meeting of the parties or their attorneys to be held within twenty (20) days after the date of the order of reference and shall notify in writing the parties or their attorneys. It is the duty of the master to proceed with all reasonable diligence. Either party, on notice to the parties and master, may apply to the court for an order requiring the master to speed the proceedings and to make a report. If a party fails to appear at the time and place appointed, the master may proceed ex parte or, in his or her discretion, may adjourn the proceedings to a future day, giving notice in writing to the absent party of the adjournment.
2 Witnesses. The master or the parties may procure the attendance of witnesses before the master by the issuance and service of subpoenas as provided in Rule 45. If without adequate excuse a witness fails to appear or give evidence, the witness may be punished as for a contempt and be subjected to the consequences, penalties, and remedies provided in Rules 37 and 45.
3 Statement of Accounts. When matters of accounting are in issue before the master, the master may prescribe the form in which the accounts shall be submitted and in a proper case may require or receive in evidence a statement by a certified public accountant who is called as a witness. Upon objection of a party to any of the items thus submitted or upon a showing that the form of the statement is insufficient, the master may require a different form of statement to be furnished, or the accounts or specific items thereof to be proved by oral examination of the accounting parties or upon written interrogatories or in such other manner as the master directs.
53.04 Report.
1 Contents and Filing. The master shall prepare a report upon the matters submitted by the order of reference and, if required to make findings of fact and conclusions of law, the master shall set them forth in the report. The master shall file the report with the clerk of the court and, unless otherwise directed by the order of reference, shall file with it a transcript of the proceedings and of the evidence and the original exhibits. The clerk shall forthwith mail to all parties notice of the filing.
2 In Nonjury Actions. In an action to be tried without a jury the court shall act upon the report of the master. Within ten (10) days after being served with notice of the filing of the report, any party may serve written objections thereto upon the other parties. Application to the court for action upon the report and upon objections thereto shall be by motion and upon notice as prescribed in Rule 6.04. The court after hearing may adopt the report or may modify it or may reject it in whole or in part or may receive further evidence or may recommit it with instructions.
3 In Jury Actions. In an action to be tried by a jury the master may or may not be directed to report the evidence. The master findings upon the issues submitted to him are admissible as evidence of the matters found and may be read to the jury, subject to the ruling of the court upon any objections in point of law which may be made to the report. The parties may submit additional proof and may cross-examine the master upon his or her findings.
4 Stipulation as to Findings. The effect of a master's report is the same whether or not the parties have consented to the reference; but, when the parties stipulate that a master's findings of fact shall be final, only questions of law arising upon the report shall thereafter be considered.
5 Draft Report. Before filing a report a master may submit a draft thereof to counsel for all parties for the purpose of receiving their suggestions.
53.05 Application to References to Clerks and Masters. The procedures outlined in this rule shall apply to Clerks and Masters of the Chancery Courts as well as to Special Masters appointed pursuant to Rule 53.01.
Plain-English Summary
Rule 53.01 lets the court in which an action is pending appoint a special master, with compensation set by the court and charged to the parties or paid from a fund in the court’s custody, as the court directs. A master cannot hold the report hostage to secure payment; instead, an unpaid master can obtain a writ of execution against the party ordered to pay once the court-set deadline passes.
Rule 53.02 lets the order of reference define — and limit — what the master is asked to do: report on particular issues, perform specific tasks, or take and report evidence only, with the order also fixing when hearings begin and end and when the report is due. Within whatever limits the order sets, the master runs the proceedings, can compel production of relevant books, papers, and documents, rules on evidence unless the order says otherwise, administers oaths, and can examine witnesses and the parties directly. If a party asks, the master has to record excluded and offered evidence the same way a trial court would.
Rule 53.03 governs the mechanics: the master has to set an initial meeting within 20 days of the reference and proceed with reasonable diligence, with either party able to ask the court to push the master along if things stall; witnesses can be subpoenaed the same as at trial, and an uncooperative witness faces the same consequences as at trial; and where accounting issues are in play, the master can prescribe the form accounts must take and can call for a certified public accountant’s statement.
Rule 53.04 covers the report itself. The master files it with the clerk, along with a transcript and the exhibits unless the order says otherwise, and the clerk notifies every party. In a case tried without a jury, a party has 10 days after that notice to file written objections, and the court then rules on the report by motion — adopting it, modifying it, rejecting it in whole or in part, hearing more evidence, or sending it back to the master with instructions. In a jury case, the master’s findings on the referred issues come in as evidence and can be read to the jury, subject to legal objections, and either party can offer more proof or cross-examine the master about the findings. If the parties stipulated that the master’s factual findings would be final, only legal questions arising from the report remain open. Before filing, a master may share a draft report with counsel to gather their input.
Rule 53.05 extends this entire procedure to references handled by chancery court clerks and masters, not just to special masters appointed under Rule 53.01.
Frequently Asked Questions
Can a master hold a report back until paid?
No. Rule 53.01 bars a master from retaining the report as security for compensation; instead, an unpaid master can obtain a writ of execution against the party ordered to pay once the deadline the court set has passed.
How long do I have to object to a special master’s report?
In a nonjury case, Rule 53.04 gives a party 10 days after notice of the filing to serve written objections, followed by a motion asking the court to act on the report and any objections.
Does Rule 53 apply to a chancery court’s clerk and master, not just special masters?
Yes. Rule 53.05 extends the same procedures to references handled by a chancery court’s clerk and master.
Source & verification. The rule text and Advisory Commission Comments are reproduced verbatim from the
official Tennessee Rules of Civil Procedure (Tenn. R. Civ. P. 53). Prescribed by the Supreme Court of Tennessee (Tenn. Code Ann. §§ 16-3-402 to 16-3-407, 16-3-601). The plain-English summary is original and written by us. Last verified July 2, 2026. ·
Official source
Also known as: special masterreference to a masterclerk and master